Checks on agri-food merchandise getting into Northern Eire should not legally required due to its outlined territorial standing inside the UK, the Excessive Court docket heard immediately.
Counsel for DUP Agriculture Minister Edwin Poots claimed post-Brexit laws governing import controls place no obligation on his officers to hold out inspections.
Mr Poots is being challenged for instructing Division of Agriculture, Atmosphere and Rural Affairs (DAERA) employees to cease checking items coming into the area’s ports from Nice Britain.
Judgment was reserved following a two-day listening to.
Mr Poots took the step in February this 12 months amid his occasion’s ongoing opposition to the Northern Eire Protocol – a regime geared toward avoiding a tough border with the Irish Republic.
Unionists declare the preparations, which contain inspecting British merchandise to make sure compliance with EU legal guidelines, threatens the area’s standing within the UK.
The Minister mentioned he had obtained authorized recommendation that he might order a halt to the checks within the absence of approval from the broader Stormont Government.
Inspections are persevering with, nevertheless, beneath a court docket order imposed pending the result of judicial assessment proceedings.
A Sinn Fein member granted anonymity, one other applicant named Edward Rooney, and Belfast Metropolis Council are all difficult the lawfulness of Mr Poots’ choice.
They contend that the checks have to be carried out as a result of a elementary change within the customs relationship between Britain and Northern Eire.
The European Union (Withdrawal) Act 2018 and the Protocol imposes a requirement in home regulation to use guidelines individually from the remainder of the UK, the court docket heard.
However John Larkin KC, representing the Minister, disputed these claims based mostly on an interpretation of the related EU Official Management Rules (OCR).
In response to Mr Larkin, the OCR stipulates checks are required when merchandise first arrive from an outdoor territory.
The laws additionally set out one territory as being the UK of Nice Britain and Northern Eire.
“Items coming (into Northern Eire) from Nice Britain don't enter from exterior these territories,” the barrister mentioned.
“The phrases actually couldn’t be clearer.”
Earlier, counsel for the UK Division for Atmosphere, Meals and Rural Affairs (DEFRA) instructed the court docket that laws had been reapplied beneath the Withdrawal Settlement and indicated an agreed territory of Northern Eire on the exclusion of “the UK of Nice Britain”.
Tony McGleenan KC mentioned that regardless of OCR safety for all the UK, the territory of Northern Eire is “ruled by the EU norms”.
He argued: “What it means basically is that the UK can't be handled as a unitary state for the needs of phytosanitary checks.”
“The place of the Authorities is obvious and aligns with the place which it had been understood DAERA was following till late in 2021.”
Following closing submissions Mr Justice Colton pledged: “I'll endeavour to provide a judgment as quickly as I can.”